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Bombay High CourtWP/6784/2025disposed off

Nilesh Anil Gupta v. The State Of Maharashtra

2026-01-19Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

by ARUNA SANDEEP TALWALKAR Date:

2026.01.22 20:52:11 +0530 ARUNA SANDEEP TALWALKAR 21.WP6784.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6784 OF 2025 Nilesh Anil Gupta.

... Petitioner.

V/s.

The State of Maharashtra.

... Respondents.

--- Mr. Anand Mishra, Mr. Sushil Upadhyay, Mr. Abdullah Shaikh, Mr. Ashok M. Saraogi a/w. Mr. Ashok M. Saraogi, Advocate for Petitioner.

Mr. Prasanna Malshe, APP for Respondent/State. IO PSI Arun Kendre, Nehrunagar Police Station. --- CORAM :

ASHWIN D. BHOBE, J.

DATE :

19th JANUARY, 2026.

P.C. :

1.

By the present Petition under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Petitioner has sought for the following relief :

"a) that this Hon'ble Court be pleased to issue appropriate writ, order and direction directing the quashing of the FIR being FIR No. 42 of 2025 registered under the provisions of Section 74, 79, 3(5) of B.N.S. registered by the Respondents No.1 at the instance of Talwalkar

21.WP6784.2025.doc Respondent No.2 on such terms as this Hon'ble Court may deem fit and proper."

2.

After the matter was heard for some time, Mr. Anand Mishra, learned Advocate for the Petitioner sought a pass over to take instructions from the Petitioner. After some time, at this request, the matter was called out. He on instructions from the Petitioner seeks leave to withdraw the present Petition with liberty to file an application seeking discharge before the Trial Court at the appropriate stage. Mr. Prasanna Malshe, learned APP for the State does not object to the said request.

3.

In view of the above, leave granted to withdraw the present Petition with liberty to file application seeking discharge before the Trial Court at the appropriate stage. If such application is filed, the same be considered on its own merits and in accordance with law.

4.

Criminal Writ Petition No. 6784 of 2025 is disposed of as withdrawn.

(ASHWIN D. BHOBE, J.) Talwalkar